KISHORKUMAR JETHABHAI MAKWANA Vs. GUJARAT RURAL HOUSING BOARD

JUDGEMENT

(1.) Petitioner has challenged his reversion order dated 31.3.2000. The petitioner was engaged as a Junior Clerk by respondent Gujarat Rural Housing Board (Board for short) by order dated 27.8.82. He was promoted to the post of Senior Clerk on 11.12.87. The order of promotion does not specify that the promotion was ad-hoc or temporary. He was directed to undertake training which he did. Upon completion of the training period, he had to pass certain tests which also he passed in the year 1990. The petitioner continued to discharge his duties as Senior Clerk at different places. Without any preamble, the respondent passed the impugned order on 31.3.2000 reverting the petitioner to the lower post of Junior Clerk on administrative grounds. The said order was stayed by this Court and the petitioner has thus continued on the post of Senior Clerk.

(2.) It is the case of the petitioner that after his regular promotion to the higher post of Senior Clerk, he could not have been reverted without any reason or without any departmental inquiry.

(3.) On the other hand, learned advocate Shri Gori for the respondent Board relied on the affidavit in reply and contended, inter alia, that the petitioner's earlier engagement itself was not in accordance with law. Even after his promotion, he continued to be an ad-hoc employee of the Board. There were backlog vacancies of Scheduled Tribe candidates and to accommodate such candidates, the petitioner had to be reverted.